case closed

a judge has dismissed a small- claims action against local music producer Mark Berry, who was accused of breaching a contract with the Quebec City band Cozenera, with whom he entered into a joint-venture production deal three years ago.

After facing allegations in court that he recorded the band on used tape, inflated costs and was rarely in the studio, Berry told the court that the band had agreed to the budget, an all-in fee of $40,000. And since he was paying half of that, he had co-ownership of the masters.

He testified that because the band failed come up with $10,000 on their end, the recording wasn't completed. As for recording on used tape, Berry said the tapes he employed to record the band were only partially used, and those portions were cut off.

"I accommodate all artists," Berry told the court at one point. "I want them to leave smiling."

The judge dismissed the claim, awarding $350 in costs to Berry. The Attack Records chief is also suing the CBC for $10 million over an investigative story on him. SCOTT ANDERSON